Rathinam vs The Inspector Of Police
2021 Latest Caselaw 19677 Mad

                                                                            Crl.O.P.No.23196 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 24.09.2021

                                                        CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                Crl.O.P.No.23196 of 2018
                                                          and
                                           Crl.M.P.Nos.12949 & 12952 of 2018
                     1. Rathinam
                     2. Mani
                     3. Sankar
                     4. Ramalingam
                     5. Sampath
                     6. Partheeban
                     7. Anand
                     8. Sathyaraj                                               .. Petitioners
                                                            Vs.
                     1. The Inspector of Police,
                     Thandarampattu Police Station,
                     Thiruvannamalai District.
                     Crime No.203 of 2014

                     2. Sathiya
                                                                                     .. Respondents

                     Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records in
                     CC.No.232 of 2015 pending on the file of the learned Judicial Magistrate-I,
                     Thiruvannamalai, Thiruvannamalai District and quash the charge sheet.
                                          For Petitioners   : Mr.R.Balakrishnan
                                          For Respondent : Mr.C.E.Pratap
                                                           Government Advocate (Crl. side)

                     1

https://www.mhc.tn.gov.in/judis/
                                                                               Crl.O.P.No.23196 of 2018



                                                      ORDER

The petitioners have filed this petition seeking to quash the

proceedings in CC.No.232 of 2015 pending on the file of the learned

Judicial Magistrate-I, Thiruvannamalai, Thiruvannamalai District

2. Though several grounds have been raised by the learned counsel

for the petitioners, however, this Court is of the opinion the issue is a triable

issue and the grounds raised by the counsel for the petitioners are all factual

in nature and it requires appreciation of evidence and this Court cannot

decide the same in exercise of its jurisdiction under Section 482 of Criminal

Procedure Code. It is left open to the petitioners to raise all the grounds

before the Court and the same shall be considered on its own merits and in

accordance with law. This Court is not inclined to interfere with the

proceedings pending before the Court below.

3.It is represented by the learned counsel appearing for the petitioners

that this Court may issue a direction to the Trial Court to expedite the trial

and complete the same as early as possible. He would further submit that

the appearance of the petitioners before the Trial Court may be dispensed

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.23196 of 2018

with.

4. Accordingly, this petition is disposed of directing the trial

court to dispose of CC.No.232 of 2015 pending on the file of the learned

Judicial Magistrate-I, Thiruvannamalai, Thiruvannamalai District as

expeditiously as possible as per seniority of the case. The petitioners and

second respondent are directed to co-operate with the trial court for the

early completion of trial. Further, taking into consideration the request as

made by the learned counsel for the petitioners, their appearance before

the trial court is dispensed with except for his appearance for the

purpose of receiving the copy of the proceedings u/s 207 Cr.P.C.,

framing of charges, questioning under Section 313 Cr.P.C. and on the

day on which judgment is to be pronounced. However, if for any

particular reason, the presence of the petitioners is necessary, the trial

court, at its wisdom, shall direct their appearance on those days.

Consequently, connected miscellaneous petitions, if any, are closed.

24.09.2021 rli

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.23196 of 2018

M.DHANDAPANI,J.

rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1. TheThe Inspector of Police, Thandarampattu Police Station, Thiruvannamalai District.

2. THe Judicial Magistrate-I, Thiruvannamalai,

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23196 of 2018 and Crl.M.P.Nos.12949 & 12952 of 2018

24.09.2021

https://www.mhc.tn.gov.in/judis/